2003-230S:\Our Documents\0rdinances\03\Airport Lease Amendment and Partial Assignment-Ezell-Dalton.doc
ORDINANCE NO. ~t OO3 -a M
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT
TO AN AIRPORT LEASE BETWEEN THE CITY OF DENTON AND EZELL AVIATION,
INCORPORATED AND A PARTIAL ASSIGNMENT TO GEORGE DALTON; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Council hereby approves the Second Amendment to Airport
Lease Agreement between the City of Denton and Ezell Aviation, Incorporated and a partial
assignment to George Dalton in substantially the form of the documents which are attached
hereto and made a part of this ordinance for all purposes.
SECTION 2. The City Manager, or his designee, is authorized to sign said documents
on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 42 ~dday of 2003.
C~ &,L-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT
COMMERCIAL/FBO
This Second Amendment to Airport Lease Agreement ("Second Amendment") is
made and entered by and between the City of Denton, Texas ("Lessor") and Ezell
Aviation, Incorporated ("Lessee") as of the Effective Date as set forth below.
WHEREAS, the Lessor and Lessee desire to amend that certain Airport Lease
Agreement dated May 6, 1997 approved by Ordinance No. 97-132 as amended by that
certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved
by Ordinance No. 98-431 (collectively called the "Airport Lease"); and
WHEREAS, the Airport Advisory Board for the City of Denton has
recommended approval of this Second Amendment;
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree
to the following amendments to the Airport Lease:
1. Article I of the Airport Lease is amended to delete from the leased premises that
portion of Tract C particularly shown on Exhibit D attached hereto and made a part
hereof by reference (the "Deleted Leased Premises") so that the leased premises under
the Airport Lease shall exclude the Deleted Leased Premises. Lessee hereby releases and
quitclaims to Lessor all of Lessee's right, title and interest it has in and to the Deleted
Leased Premises. Tract A and Tract B are redefined and described as shown on Exhibit
D. A legal description of the redefined Tracts A and B will be provided by Lessee to
Lessor no later than August 5, 2003 which will be made a part of Exhibit D.
2. Section B of Article I of the Airport Lease is amended to make it clear that a
restaurant is a permitted use.
3. Subsection B. Lf of Article II of the Airport Lease is deleted and replaced with the
following:
£ Construction of 14,400 square feet of hangar space in one or more hangars
on Tract B shall be completed on or before March 1, 2004. No individual
hangar shall be less than 3,600 square feet. Each hangar shall have a door
with a minimum width of 50 feet. The building permit for the initial
hangar must be obtained on or before September 2, 2003 ("First Building
Permit Issuance Covenant"). Actual construction on the initial hangar
shall begin on or before October 1, 2003 ("Commencement of
Construction Covenant"). Seventy-Five percent (75%) of the entire
14,400 square feet of hangar space shall be under construction on or
before December 31, 2003 ("75% Construction Covenant"). One hundred
percent (100%) of the entire 14,400 square feet of hangar space shall be
completed on or before March 1, 2004 ("Construction Completion
Covenant").
4. Section IX of the Airport Lease is amended to add a Subsection C. to read as
follows:
C. Cancellation by Lessor-Failure to Construct Hangar Space Improvements
In the event Lessee fails to fulfill the First Building Permit Issuance
Covenant, the Commencement of Construction Covenant, the 75% Construction
Covenant, or the Construction Completion Covenant as specified in Subsection
B.l.f of Article II, then in any such instance Lessor may terminate this Airport
Lease and all of Lessee's rights thereunder by a written notice to Lessee without
advance notice. In such event, Lessee shall immediately vacate the leased
premises without the necessity of eviction proceedings. In such event, the
provisions of Subsection D.4 of Article R as amended by this Second Amendment
will apply to the Lessor's right to purchase all buildings, structures and
improvements on the leased premises.
5. Subsection D.3 of Article II is changed so that the building life on all buildings in
the Airport Lease including revised Tract B is 30 years. Subsection DA of Article II is
hereby amended to change "one forty-fifth (1/45) for new improvements constructed on
FBO Tracts A,B, and C" to now read "one thirtieth (1/30) for new improvements
constructed on FBO Tracts A,B, and C".
6. Subsection E. of Article XV is deleted and replace with the following:
E. Notice. Any notice given by one party to another in connection with this
Agreement shall be in writing shall be sent by certified mail, return receipt
requested, postage prepaid at the addresses below, or via facsimile to the fax nos.
below:
If to Lessor:
City Manager
City of Denton
City Hall
215 E. McKinney
Denton, Texas 76201
Fax No. 940.349.8596
2. If to Lessee:
Nelson Ezell
President
Ezell Aviation, Incorporated
P.O. Box 1793
Page 2
Breckenridge, Texas 76424
7. Subsection B. of Article III is amended to add Tract B and that portion of Tract C
not a part of the Deleted Leased Premises (the "Redefined Tract B" as shown on Exhibit
"D") to be treated as a commercial tract and not an FBO tract and the same as Tract D for
rental purposes and all other purposes under the Airport Lease, effective as of the
Effective Date of this Second Amendment.
This Second Amendment is intended to amend the provisions of the Airport Lease
only to the extent set forth herein. All other terms, conditions and covenants contained in
the Airport Lease shall remain in full force and effect.
Signed by the parties hereto to be effective as of June 1, 2003 (the "Effective
Date")
CITY OF DENTON, TEXAS
BY: 4dh~ L, CGt -
icha A. Conduff
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: (1W, h4awl ()jf/,
APPROVED AS TO FORM:
HERBERT L. PR UTY, CITY ATTORNEY
BY:
EZELL AVIATION, INCORPORATED
BY:
N son Ezell
President
Page 3
APPROVED AS TO FORM
L Co Lst k,-i f M11 off ey
ACKNOWLEDGMENT
STATE OF TEXAS }
}
COUNTY OF STEPHENS }
This instrument was acknowledged before me on the -zk day of
2003 by Nelson Ezell, President of Ezell Aviatio ,Incorporated, on beh f of said
corporation.
ppp11p""% BONNIE MARSH
NOTARY PNBLIC ~1J,n(,(rI
y STATE OF TEXAS N t Public, t4
Exhibit D
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